HOUSE BILL No. 1077
DIGEST OF INTRODUCED BILL
Synopsis: Child support arrearage. Provides that a court may issue an
order directing a person to pay a child support arrearage. Provides that
the order is enforceable by contempt or any other remedy available for
the enforcement of a child support decree.
Effective: Upon passage.
Ayres, Sturtz, Kuzman, Foley
January 8, 2002, read first time and referred to Committee on Judiciary.
Second Regular Session 112th General Assembly (2002)
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HOUSE BILL No. 1077
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 31-16-12-1; (02)IN1077.1.1. -->
, AS AMENDED BY P.L.123-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. Notwithstanding any other law, all orders
and awards contained in a child support decree or an order directing
a person to pay a child support arrearage may be enforced by:
(1) contempt, including the provisions under section 6 of this
(2) assignment of wages or other income; or
(3) any other remedies available for the enforcement of a court
except as otherwise provided by
SOURCE: IC 31-16-12-3; (02)IN1077.1.2. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a)
obligation of a person to pay child support arrearages does not
terminate when the person's duty to support a child ceases under
(e) before its repeal). The statutes
applicable to the collection of child support obligations are applicable
to the collection of child support arrearages described in this section.
(b) The court, upon request of a person or an agency entitled to
receive child support payments, may issue an order that contains
any of the following:
(1) A determination of the amount of child support arrearage
due to a person or an agency entitled to receive child support
(2) An order directing a person to pay the child support
(3) The schedule and other terms on which a person is to pay
a child support arrearage.
(4) Any other provision that the court determines to be
An order issued under this subsection is enforceable to the same
extent as an order or award in a child support decree.
SOURCE: ; (02)IN1077.1.3. -->
SECTION 3. [EFFECTIVE UPON PASSAGE] It is the intent of
the general assembly to make contempt and all other remedies for
the enforcement of a child support order available to assist in the
enforcement of a child support order regardless of whether the
child for whom the child support was ordered is emancipated. For
this purpose, the general assembly is establishing a procedure for
the enforcement of a child support arrearage through an order
directing a person to pay a child support arrearage.
, both as amended by this act, apply to a child
support arrearage that exists after the effective date of this
SECTION regardless of when the arrearage accrued.
SOURCE: ; (02)IN1077.1.4. -->
SECTION 4. An emergency is declared for this act.